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Home My WebLink About08015 ORD - 05/18/1966B.Iw:4/13/66 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUCCANEER DAYS COMM SSION COVERING THE PERIOD OF THREE -J YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM THE USE OF SAID GROUND NOT TO EXCEED ELEVEN 11 DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM FHMOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREE - MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH BUCCANEER DAYS COMMISSION COVERING THE PERIOD OF THREE (3) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUND NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENTI A COPY OF WH4CH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. 81015 BJw:4/13/66 LEASE AGREEMENT THE STATE OF TEXAS Y COUNTY OF NUECES p THIS AGREEMENT MADE AND ENTERED INTO THIS DAY OF , 19 BY AND BETWEEN THE CITY OF CORPUS CHRISTI HEREINAFTER CALLED LESSORS AND THE BUCCANEER COMMISSIONS INC., HEREINAFTER CALLED LESSEE: W I T N E S S E T H: 1. THAT SUBJECT TO THE TERMS AND UPON PERFORMANCE OF THE CON- DITIONS HEREINAFTER PROVIDED, LESSOR HEREBY LETS AND LEASES UNTO THE BUCCANEER COMMISSIONS INC. FOR THE PURPOSE OF HOLDING A CARNIVAL AND RELATED ACTIVITIES IN CONNECTION WITH THE BUCCANEER DAYS CELEBRATIONS THE FOLLOWING DESCRIBED CITY PROPERTY: THOSE PAVED AREAS BOUNDED BY THE WEST CURB LINE OF EAST SHORELINE DRIVES THE EAST CURB LINE OF (I WEST SHORELINE DRIVE, THE SOUTH WALL OF THE f COLISEUMS AND A LINE 120 FEET SOUTH OF AND PARALLEL f TO THE SOUTH CURB LINE OF THE EXISTING PARKING LOT LOCATED SOUTH OF THE COLISEUM. i IT IS UNDERSTOOD AND AGREED THAT NO CONCESSION STANDS RIDES OR OTHER APPURTENANCES CONNECTED WITH THE CARNIVAL SHALL BE ALLOWED TO USE THE GRASSED OR SHRUBBED AREAS WITHIN THE ABOVE DESCRIBED BOUNDARIES OR THE SIDEWALK TO THE SOUTH ENTRANCE OF THE COLISEUM FROM PARK STREET TO THE COLISEUM WITHOUT PERMISSION IN WRITING FROM THE DIRECTOR OF PARK Sc RECREATION. 2. THE CONSIDERATION FOR THIS AGREEMENT AND FOR THE COVENANTS HEREIN CONTAINED TO BE KEPT AND PERFORMED BY LESSEE IS AS FOLLOWS: (A) THE PAYMENT OF ONE DOLLAR ($1.00) TO LESSOR UPON THE EXECUTION OF THIS AGREEMENT. (e) THE PAYMENT OF A LIKE SUM ON OR BEFORE THE ANNIVERSARY DATE OF THIS AGREEMENT IN EACH SUCCEEDING YEAR HEREAFTER. 3. LESSEE SHALL BE ENTITLED TO USE THE PREMISES HEREIN DESCRIBED FOR A PERIOD DURING APRIL, MAY OR JUNE, NOT TO EXCEED ELEVEN (11) DAYS (CONSECUTIVE) DURING EACH OF THE YEARS 1967, 1968 AND 1g6g, THE EXACT DATES TO BE MUTUALLY AGREED UPON BY LESSOR AND LESSEE IN EACH OF SUCH YEARS. 4. IN THE EVENT THE CITY SPONSORS A 4TH OF JULY PATRIOTIC CELEBRATION DURING ANY OF THE 3 YEARS OF THE 3 -YEAR TERM OF THIS LEASE THEN THE LESSEE SHALL ALSO HAVE THE OPTION TO USE THE SAME AREA AS ABOVE DESCRIBED FOR THE SAME PURPOSES OF CARNIVAL USE AS ABOVE STATED FOR A PERIOD OF FIVE CONSECUTIVE DAYS, ONE OF WHICH SHALL BE JULY 4TH, PLUS NOT EXCEEDING ONE DAY TO MOVE ONTO SAID PROPERTY AND PREPARE FOR THE CARNIVAL TO BE SET UP TO OPEN FOR BUSINESS. 5. LESSEE SHALL BE ENTITLED TO BLOCK OFF PARK STREET BETWEEN EAST AND WEST SHORELINE BOULEVARD, PROVIDED THAT LESSEE SHALL TAKE CARE NOT TO OBSTRUCT OR INTERFERE WITH TRAFFIC UPON EITHER EAST OR WEST SHORELINE BOULEVARD. LESSEE SHALL PROVIDE DRIVEWAY ACCESS FOR TRUCKS TO THE SERVICE DRIVE ENTRANCE OF THE COLISEUM, AND SHALL KEEP SUCH DRIVEWAY OPEN AND UNOCCUPIED BY STRUCTURES OR AUTOMOTIVE EQUIPMENT. 6. LESSEE SHALL, AT LEAST SEVEN (7) DAYS PRIOR TO \ THE BUCCANEER DAYS CELEBRATION AND PRIOR TO EACH JULY 4TH CELEBRATION, DURING EACH YEAR THAT THIS AGREEMENT IS IN EFFECT, FILE WITH THE DIRECTOR OF PARKS AND RECREATION OF THE CITY OF CORPUS CHRISTI A CASH BOND IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00), OR A SURETY BOND IN A LIKE AMOUNT EXECUTED BY A CORPORATE SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS. SUCH BOND SHALL BE CONDITIONED UPON THE PAYMENT BY LESSEE OF ANY AND ALL PROPERTY DAMAGE WHICH MAY BE DONE TO THE PROPERTIES OF THE CITY OF CORPUS CHRISTI AS A RESULT OF THE BUCCANEER DAYS CELEBRATION AND JULY 4TH CELEBRATION AS THE CASE MAY BE. LESSOR AND LESSEE HEREBY AGREE THAT ANY DISPUTES OR -2- • DIFFERENCES WHICH MAY ARISE BETWEEN THEM WITH RESPECT TO THE AMOUNT OF DAMAGE, IF ANY SHOULD OCCUR TO THE PROPERTY OF THE CITY OCCASIONED AS A RESULT OF THE BUCCANEER DAYS OR JULY 4TH CELEBRATION, SHALL BE SUB- MITTED FOR DETERMINATION TO A BOARD OF ARBITRATION COMPOSED OF THREE ARBITRATORS, ONE OF SUCH ARBITRATORS TO BE CHOSEN BY LESSEE AND THE REMAINING ARBITRATOR TO BE SELECTED BY THE ARBITRATORS THUS CHOSEN. COSTS OF THE REFERENCE SHALL Be BORNE EQUALLY BY THE PARTIES HERETO, AND UPON A HEARING THE AWARD OF THE ARBITRATORS, OR ANY TWO OF THEM SHALL. BE FINAL AND BINDING UPON LESSOR AND LESSEE. 7• LESSEE AGREES TO FILE WITH THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI AT LEAST SEVEN (7) DAYS PRIOR TO THE BUCCANEER DAYS CELEBRATION AND AS WELL PRIOR TO ANY JULY 4TH CELEBRATION DURING THE YEARS COVERED BY THIS AGREEMENT, A POLICY OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ISSUED BY A CASUALTY INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS, ASSURING THE PAYMENT OF ANY CLAIMS TO AND INDEMNIFYING THE CITY AGAINST ANY CLAIMS BY ANY PERSON, FORM OR CORPORATION WHICH MAY ARISE AS A RESULT OF THE BUCCANEER DAYS CELEBRATION AND RELATED ACTIVITIES, AND/OR JULY 4TH CELEBRATION, AS THE CASE MAY BE, WITH LIMITS OF FIFTY THOUSAND ($50,000.00) DOLLARS LIABILITY TO ANY ONE PERSON AND ONE HUNDRED THOUSAND DOLLARS ($1DD,DOD.00) LIABILITY ONE ACCIDENT. FOR ANY $- LESSEE AGREES TO MAINTAIN SUCH FIRE LANES UPON THE PROPERTY HEREIN DESCRIBED AS MAY BE DESIGNATED BY THE FIRE CHIEF OF THE CITY OF CORPUS CHRISTI. 9- LESSEE AGREES TO OBTAIN SUCH PERMITS FROM THE HEALTH DEPARTMENT, THE INSPECTION SECTION OF THE PUBLIC WORKS DEPARTMENT, THE FIRE MARSHALL AND OTHER REGULATORY BODIES OF THE CITY AS MAY BE NECESSARY TO CONDUCT THE BUCCANEER DAYS CELEBRATION. ((((J /( 10• LESSEE SHALL NOT ASSIGN THIS AGREEMENT NOR SUBLEASE THE WHOLE �R ANY PART OF THE DEMISED PREMISES OR MAKE ANY ALTERATION -3- THEREIN WITHOUT THE CONSENT OF THE LESSOR FIRST OBTAINED IN WRITING. ��• ANY FAILURE ON THE PART OF THE LESSEE PER- FORM ANY OF THE COVENANTS CONTAINED IN THIS 'AGREEMENTS OF ANY BREACH OF ANY COVENANT OR CONDITION HEREIN CONTAINED ON THE PART OF THE LESSEES SHALL ENTITLE THE LESSOR TO FORTHWITH TERMINATE THIS AGREEMENT WITHOUT NOTICE OR DEMAND OF ANY KIND, NOTWITHSTANDING ANY LICENSE OR WAIVER BY LESSOR OF ANY BREACH OF CONDITION. IN CASE OF ANY SUCH TERMINATION LESSOR SHALL BE ENTITLED TO RETAIN ANY SUMS OF MONEY THERETOFORE PAID BY LESSEE AND SUCH SUMS SHALL INURE TO THE BENEFIT OF LESSOR AS LIQUIDATED DAMAGES. WITNESS OUR HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: THE CITY OF CORPUS CHRISTI BY CITY SECRETARY HERBERT W. WHITNEY CITY MANAGER ' APPROVED AS TO LEGAL FORM THIS --_DAY OF -__, 1966: CITY ATTORNEY ATTEST: SECRETARY BUCCANEER COMMISSION, INC. BY PRESIDENT THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE 13 DAY OF 19 A , BY THE FOLLOWING VOTE: DR. MCIVER FURMAN f a - ^_ JACK BLACKMON 610 PATRICK J. DUNNE DR. P. JIMENEZ, JR. L' KEN MCDANIEL RONNIE SIZEMORE e � WM. H. WALLACE— _��tp��' v THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE �,() DAY OF 1y, BY THE FOLLOWING VOTE: DR. MCIVER FURMAN ✓ �,p JACK BLACKMON c' PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF , 19�, BY THE FOLLOWING VOTE: /�" " DR. MCIVER FURMAN 04—c - JACK JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE PASSED AND APPROVED, THIS THE DAY OF �( � 196, AP AS F O DAY OF a MAYOR THE CITY OF CORPUS CHRISTI, TEXAS